Joshua Foster, 37, has been fined 3,000 euros (£2,500) by a court in Cyprus after his two-year-old son fell nearly 40ft to his death from a fourth-floor hotel window. The father had pleaded guilty to a charge of causing death through a reckless, rash or dangerous act.
Foster appeared at Paphos District Court on Friday for sentencing, where District Judge Froso Christodoulidou delivered the penalty. The court had previously heard that Foster believed the window was shut when he placed the toddler on a sill to show him the view of a waterpark, but lost control of him.
Fatal fall on first day of holiday
The boy fell from the fourth floor of the five-star King Evelthon Beach Hotel and Resort in Chlorakas on July 12, the first day of the family's holiday. The court heard that Foster, his wife, two children and in-laws had arrived in Cyprus in the early hours of that morning.
After taking part in various activities, including a visit to the pool, the family returned to their rooms to prepare for dinner. At around 6pm, Foster, his father-in-law and son made their way towards the lift, with his lawyer Alexandros Alexandrou telling the court that the defendant was in a "good mood" and was playing with his son.
Court hears of "inconceivable" moment
As the pair neared the lift, the boy spotted a waterpark through the window outside. Foster pressed the lift button, placed the child on the windowsill, and the boy peered out before falling before Foster had any opportunity to react. Mr Alexandrou told the hearing, which took place on October 6, that Foster's life "changed forever" from that moment.
The court heard that Foster had been unaware that the section of the window was open, believing there to be protective glass in place. Prosecutor Chryso Pergandi stated that at around 6.40pm, police received reports that a child had fallen from the fourth floor of the beachfront hotel under unknown circumstances. The boy was rushed to Paphos General Hospital, where he was pronounced dead despite attempts to resuscitate him.
Remorse and sentencing
In a voluntary statement to police, Foster said that upon placing his son on the windowsill, the boy "fell before he had a chance to grab him". Following the incident, Foster was also taken to hospital, where a blood sample was taken to screen for drugs and alcohol. At the time of the incident, approximately six hours earlier, the concentration of alcohol in his blood was an estimated 124mg. The alcohol consumption did not feature prominently in the case, with his lawyer noting there was no evidence to suggest he was drunk.
The lawyer informed the court that Foster has no prior convictions and that his remorse "is clear". He revealed that Foster was detained for eight days in the immediate aftermath of the incident, and while mourning the loss of his child, was forced to telephone his daughter from custody to break the devastating news. The window measured 2.85 metres (9.3ft) wide and 1.2 metres (3.9ft) high. Following the 25-minute hearing, Foster embraced his lawyer before turning to hug his parents.
